The legal framework
Section 402.2 of the Criminal Code, added in 2010, made it an offence to obtain or possess another person's identity information with intent to use it to commit fraud — a step earlier than the fraud itself. Reports go to local police and to the Canadian Anti-Fraud Centre, and fraud alerts can be placed with Equifax Canada and TransUnion Canada.
Key points
| Offence | Criminal Code section 402.2, identity theft; section 403, identity fraud |
|---|---|
| Reporting | Local police and the Canadian Anti-Fraud Centre |
| Fraud alerts | Equifax Canada and TransUnion Canada; free credit reports on request |
| Quebec | Law 25 gives a right to a credit freeze-style protection and mandatory breach notification |
| Documents | Replace a lost SIN card through Service Canada; the number itself is rarely changed |
| Bank liability | Cardholder agreements and the code of conduct protect against unauthorised transactions |
| Six-year alerts | Fraud alerts can be extended; ask for the longest available period |
| Free credit reports | By mail from both bureaus, at no charge |
| CRA | Notify the tax authority if your SIN may have been used |
In practice
- Call your bank and the card issuer first.
- Report to local police and get a file number, then to the Canadian Anti-Fraud Centre.
- Place a fraud alert with both credit bureaus and request your free reports.
- Contact Service Canada if your Social Insurance Number has been compromised.
- Notify the Canada Revenue Agency: fraudulent benefit claims are a common follow-on.
Where to go
- Canadian Anti-Fraud Centre.
- Equifax Canada and TransUnion Canada.
- Service Canada for SIN issues.
Worth knowing
Canada does not change a Social Insurance Number simply because it was exposed. Monitoring and fraud alerts are the realistic protection, so set them up and renew them. The SIN is rarely reissued. Because it cannot be changed, monitoring and alerts are the only long-term protection.
Official sources and links
- Canada.ca — official government portal
- Justice Laws Website — federal statutes and regulations
